Allowed

Hdfc Bank v. Sh. Surender

DRT3 Jul 2025OA/351/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an applicant bank's application for recovery of a loan of Rs. 45,44,129.57/- along with interest against three defendants who failed to appear. The court ordered the sale of mortgaged properties and directed the recovery officer to distribute proceeds.

What did the court decide?

Recovery of Rs. 45,44,129.57/-. Interest at 13% per annum. Costs awarded. Recovery Certificate to be issued. Sale of mortgaged property and personal assets of defendants directed.

Hdfc Bank versus Sh. Surender — Execution and Attachment | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 351/2022 Date of Institution: 04.02.2022 Date of Decision: 03.07.2025

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HDFC Bank Limited at HDFC Bank House, Plot No. 28, Industrial Area, Phase 1, Chandigarh

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……..Applicant

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Vs.

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Sh. Surender S/o Sh. Sadhu Ram, r/o Daulatpur (124), Uklana, Barwala, Hisar, Haryana-125121

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Smt. Reetu Rani W/o Sh. Surender, r/o Daulatpur (124), Uklana, Barwala, Hisar, Haryana-125121

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3. Sh. Ravi Budania S/o Sh. Partap Singh, r/o Near Nahar Kharad Moor, Daulatpur (124), Hisar, Haryana-125121

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……….Defendants

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Advocates

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Sh. Amit Rishi, Counsel for the applicant bank. Defendants- ex parte .

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OA for the Recovery of Rs.45,44,129.57/- with interest @13.00% per annum with half yearly rests from 04.02.2022.

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ORDER

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HDFC Bank Ltd. (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.45,44,129.57/- with interest against Sh. Surender and others (defendants).

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Bank’s case is that on 03.10.2018, it had granted a loan of Rs.20.00 Lacs in the form of C.C Limit, Rs.5.65 Lacs in the form of Term Loan I and Rs.9.45 Lacs in the form of Term Loan II under KCC Scheme to defendant Nos. 1 and 2 for agricultural purpose. To secure the loans, Defendant No. 1 had mortgaged his agricultural land (fully detailed in para No.3A of the application). The CC Limit was chargeable to interest @13% per annum with half yearly rests, Term Loan I was chargeable to interest @13% per annum with half yearly rests and Term Loan II was chargeable to interest @16% per annum with half yearly rests. On 13.08.2021, a sum of Rs.45,44,129.57/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 07.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 07.09.2022, they were proceeded ex parte .

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4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Jatinder Mishra, Authorized Representative along with
the loan and security documents and marked them as Exhibit A-1 to A-
14.
5. I have perused the evidence on the record. I am of the considered
view that the Bank has proved its case that it had advanced the total loan
of Rs.35.10 Lacs and on 13.08.2021, a sum of Rs.45,44,129.57/- was
due.
6. Accordingly, the application of the bank for the recovery of
Rs.45,44,129.57/- (Rupees Forty Five Lacs Forty Four Thousand One
Hundred Twenty Nine and Fifty Seven Paisa Only) with interest
@13.00% per annum with half yearly rests from 04.02.2022, till the date

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of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged property(ies) fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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7.	Pending IAs, if any, stand disposed of.
8.	Recovery Certificate be issued accordingly.
9.	Parties are directed to appear before	Recovery Officer on
07.0	8.2025, who is directed to distribute the	sale proceeds of the
mort	gage property(ies) and standing crops as	per the provisions of
Sect	ion 19(20-AB) of the Act.
10.	A Copy of this order along with Recovery	Certificate be sent to
the	Recovery Officer as well as the parties.
Pron Date	ounced in the open Court. d:03.07.2025	(A S Narang) Presiding Officer DRT-2, Chandigarh (Additional charge)

Hdfc Bank v. Sh. Surender

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sh. Surender

Case brief

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